SOLVING STATELESSNESS
withheld, halting their progress to higher education and limiting their job
prospects. Stateless children also frequently find themselves ineligible
for scholarships or student loans.39 Goals such as SDG 4 are important in
that they protect stateless people and ensure that they, like others, have
access to basic rights.40 Improving the enjoyment of basic rights and the
living conditions of stateless persons through such SDGs may also help
with the integration of stateless (and formerly stateless) populations,
particularly large in situ groups, which may in the longer term facilitate
initiatives aimed at resolving their statelessness and preventing new
cases from occurring.41 However, a more direct solution to statelessness
requires the resolution of existing cases of statelessness and preventing
new cases from occurring. In this regard, SDGs 5 (Achieve gender
equality and empower all women and girls), 10 (Reduce inequality
within and among countries), and 16 (Promote peaceful and inclusive
societies for sustainable development, provide access to justice for all,
and build effective, accountable and inclusive institutions at all levels),
and their related Targets are particularly relevant.
SDG 5, Target 5.1 (End all forms of discrimination against women and
girls everywhere) is applicable to the issue of gender discrimination
in nationality laws, which is a major cause of statelessness. The
nationality laws of 27 countries, in almost all regions of the world,
prevent mothers from conferring their nationality on their children
on an equal basis with fathers.42 In these countries, when fathers are
missing, dead, have abandoned the family or are unwilling to take
the necessary steps to transmit their nationality, children can be left
stateless. In more than 50 countries, nationality laws do not afford
women the same rights to acquire, change or retain their nationality
as men. This can lead to statelessness where nationality laws make
women’s nationality status contingent on that of their husbands, or
prevent (stateless) men from acquiring the nationality of their wives.43
39
40
41
42
43
See, Georgetown University Human-Rights Institute Fact-Finding Project,
supra n25, pp. 9-11.
See, UNHCR, supra n35.
With thanks to Nicholas Oakeshott, UNHCR’s Regional Protection Officer
(Statelessness) for the Asia Pacific and Inge Sturkenboom, UNHCR’s Regional
Protection Officer (Statelessness) for Europe for highlighting this point. See,
UNHCR, supra n35.
UNHCR, Background Note on Gender Equality, Nationality Laws and
Statelessness 2016, 2016.
Equality Now, The State We’re In: Ending Sexism in Nationality Laws, 2016.
55